83R3432 JSC-D
By: Lucio III, Villalba H.B. No. 1436
A BILL TO BE ENTITLED
AN ACT
relating to a mandatory term of confinement for certain offenses
involving family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 14, Article 42.12, Code of Criminal
Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd
Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts
of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B.
1054), Acts of the 78th Legislature, Regular Session, 2003, and
Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular
Session, 2007, is amended by adding Subsection (d) to read as
follows:
(d) If the court grants community supervision to a person
convicted of an offense involving family violence, as defined by
Section 71.004, Family Code, committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code, the court shall
require as a condition of community supervision that the defendant
submit to:
(1) not less than 72 hours of confinement in county
jail if the defendant is convicted of an offense under Section
22.01(a)(1) or 25.07, Penal Code;
(2) not less than five days of confinement in county
jail if the defendant is convicted of an offense under:
(A) Section 22.01(a)(1), Penal Code, if the
offense is punishable under Subsection (b)(2)(B) of that section;
(B) Section 25.07, Penal Code, if it is shown on
the trial of the offense that the defendant has previously been
convicted under that section two or more times; or
(C) Section 25.11, Penal Code;
(3) not less than 10 days of confinement in county jail
if the defendant is convicted of an offense under:
(A) Section 22.01(a)(1), Penal Code, if the
offense is punishable under Subsection (b-1) of that section;
(B) Section 22.02, Penal Code;
(C) Section 25.07, Penal Code, if it is shown on
the trial of the offense that the defendant has violated the order
or condition of bond by committing an assault or the offense of
stalking; or
(D) Section 25.11, Penal Code, if it is shown on
the trial of the offense that the defendant has been previously
convicted of an offense under Chapter 19, Chapter 22, or Section
20.03, 20.04, 21.11, or 25.11, Penal Code, against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code; or
(4) not less than 30 days of confinement in county jail
if the defendant is convicted of an offense under Section 22.02,
Penal Code, punishable under Subsection (b)(1) of that section.
SECTION 2. Section 22.01, Penal Code, is amended by adding
Subsection (b-2) to read as follows:
(b-2) The minimum term of confinement for an offense under
Subsection (a)(1) punished as a Class A misdemeanor is 72 hours if
the offense is committed against a person whose relationship to or
association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code.
SECTION 3. Section 25.07(g), Penal Code, is amended to read
as follows:
(g) An offense under this section is a Class A misdemeanor
with a minimum term of confinement of 72 hours unless it is shown on
the trial of the offense that the defendant has previously been
convicted under this section two or more times or has violated the
order or condition of bond by committing an assault or the offense
of stalking, in which event the offense is a third degree felony.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2013.